Pot-shop robber released pending sentencing
Jury convicted Kevin Andrew Melanson, 51, of Moncton, in December of leading a robbery at Buddy’s Cannabis Clinic in downtown Fredericton five years ago
A Moncton man remanded pending sentencing for robbery earlier this year was released Monday because the lateness of his lawyer’s additional submissions forced another adjournment.
Kevin Andrew Melanson, 51, of Moncton, is awaiting sentencing for a robbery conviction, stemming from him leading something of a raid at Buddy’s Cannabis Clinic on King Street in downtown Fredericton on June 16, 2018.
A jury convicted him after a two-week trial in December.
He had been scheduled to be sentenced for the crime in late March, but the defence sought to delay it so a pre-sentence report could be prepared for the court’s consideration.
However, it was noted that report had been ordered previously, but Melanson didn’t show up for his pre-sentence report interview.
As a result, Court of King’s Bench Justice Thomas Christie remanded him at that time to ensure the report was done, and he set over the sentencing hearing to Monday.
But the process hit a new snag Monday morning at the Burton Courthouse.
Christie said a pre-sentence report dated June 2 was filed with the court, and he noted he had also reviewed the documents filed with the court previously, including a victim-impact statement, the Crown and defence briefs on sentencing, and character-reference letters in support of the defendant.
But defence lawyer Adrian Forsythe noted he’d also filed a supplemental brief on sentencing plus a letter from Christina Dawn Melanson, the defendant’s wife, detailing her recent medical issues.
Christie told defence counsel he hadn’t read that new material because he’d only received it that morning just before court was to convene, and Forsythe confirmed he’d just filed it that morning.
The judge said sentencing is a challenging process for courts, and receiving important material at the 11th hour usually means presiding judges are hindered in doing their jobs.
“We better receive information in a reasonable time for a court to be in a position to consider it,” he said.
Forsythe said the new material was relevant, noting the defence had revised its position on sentence, and that the information about his client’s spouse’s health issues is pertinent as well.
He suggested the two sides could offer their arguments on sentence Monday and that the court could reserve its decision to give it time to review and consider the new material, but Christie was clearly irked at the notion of another delay.
“We’re here today because Mr. Melanson didn’t show up for his pre-sentence report,” the judge said.
His preference, he said, was to hear submissions and render a decision the same day, not to break things up.
The judge adjourned the sentencing hearing to July 7.
New delay not Melanson’s fault
Though the original plan was to remand Melanson again until that time, Christie said he was reticent to do so, wondering if it was fair to impose more remand time on the offender just because his legal counsel was late in filing documentation.
“I don’t want Mr. Melanson to pay the price for that,” the judge said, noting he might consider releasing Melanson again on conditions.
Crown prosecutor Patricia Gillett said that when the court remanded Melanson earlier this year, it noted the offender was only going to get one-for-one credit for that time, since it was his fault he missed his pre-sentence report interview.
The prosecutor pointed out the Crown was seeking a prison term of four to five years, less credit for time already served. Forsythe said the defence had previously argued for a three-year sentence in its brief, but now was seeking a lesser term than that.
To ensure fairness now, Gillett suggested, the court could give Melanson a remand credit of 1½-to-one for the period from Monday to the new sentencing date.
Forsythe urged the court to issue a release order with conditions, and in the alternative, he noted Gilliett’s suggestion was a fair compromise as well.
“It’s kind of a weird situation,” Christie said, noting he has the pre-sentence report in hand now, so that’s no longer an issue.
As such, he said, he ordered Melanson’s release on conditions, which include remaining in New Brunswick and attending court on his new sentencing date.
“Thank you, Justice,” Melanson said tearfully from the courtroom prisoner’s dock, clad in jail-issued orange sweats.
Long and winding road
While other people charged in the wake of the odd robbery at the defunct marijuana dispensary in Fredericton five years ago were sentenced and already served their sentences, Melanson’s case has dragged on.
He initially pleaded guilty to the robbery in the fall of 2019, and a provincial court judge imposed a three-year prison term, a joint sentencing recommendation from the prosecution and defence.
But as Melanson began to serve that sentence, he appealed, arguing inconsistent advice and information from his original defence counsel, Moncton lawyer Brian Murphy, meant his guilty plea wasn’t informed or voluntary.
The New Brunswick Court of Appeal agreed and ordered the case to start over from scratch. This time around, Melanson opted for a trial by judge and jury in the Court of King’s Bench.
However, the striking of his previous guilty plea also meant his agreement for a three-year sentence was out the window as well.
The circumstances of the case were so unusual, Christie even commented on the unconventional series of events that brought it before him for trial and now sentencing.
At trial, Melanson had asserted a “colour of right” defence, arguing he couldn’t have robbed the pot dispensary because as an investor, he owned items he removed from the premises at the time with the help of his wife and other accomplices.
However, during the trial, the jury was shown security footage showing that force and violence was used on the two employees of the business during the incident, and it found Melanson guilty.
“I’ve been perplexed as to how this whole thing played out since your arrest,” Christie said Monday.
The case somehow ended up in the Court of King’s Bench for a jury trial, he noted, which is the defendant’s right, but that did draw the matter out.
“It boggles my mind how it’s still not behind you,” the judge said.
Chad Gerard, 45, of Moncton, pleaded guilty to the robbery in 2019, as did Christina Melanson, 43, and both served federal-prison terms.
Mark Miner, 66, and Stefan Brown, 60, were also involved in the incident at Buddy’s Cannabis Clinic, but given their more minor roles in the crime, they pleaded guilty in 2019 to lesser, included charges of theft. Brown was sentenced to probation, while Miner was granted a conditional discharge.
Don MacPherson can be contacted at ftonindependent@gmail.com.